Legal Question in Real Estate Law in Arizona
HOA Fraud
My HOA had their offices raided by the
police and the owner arrested for fraud.
Lately we have been having problems
with payment confirmations (we paid
three times on fees and insurance when
each time they said not enough was
paid. We eventually paid over $700 on a
$300 bill out of fear from them to put a
lien on our property) and I guess I can
see why. What are my rights and what
do I need to do to get information and
protect myself during this fiasco? Can
they still come after us for money
during their indictment for fraud?
1 Answer from Attorneys
Re: HOA Fraud
People are presumed innocent until proven or adjudged guilty by the court, so their civil rights do not get extinguished by an indictment.
Evidence of a criminal case can be used in a civil case. A suit can be filed for damages. Who will pay if you win? Can you collect?
Your message says the HOA had their offices raided. Did you mean to say that the management company hired by the HOA, or was it actually as stated? If a management company, perhaps they have insurance to make a claim. If the HOA itself, you have setoff rights and other rights conferred in your CC&Rs.
See an attorney or get board members together who are innocent to determine your next step. Call a special meeting, and perhaps vote on a new board. The present board may have been asleep behind the wheel.
Good luck.
James D. Jenkins
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